Elimination of inheritance of unfortable heirs in the Republic of Kazakhstan

Abstract

This article considers the grounds for eliminating unworthy heirs from inheritance under the laws of the Republic of Kazakhstan. The aim of the study is to carry out a comprehensive analysis of theoretical positions and problems of law enforcement practice of the institution of unworthy heirs, the development of proposals aimed at improving the national legislation in the field of inheritance. The work is based on the general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. The provisions of Art. 1045 of the Civil Code of the Republic of Kazakhstan providing for an exhaustive list of categories of persons not entitled to inherit, both under the will and under the law, circumstances for elimination of inheritance regulated by law, theoretical provisions, practical materials from judicial practice are analyzed. The rules in the civil legislation of the CIS countries, which provide for the elimination of unworthy heirs from inheritance in the interests of bona fide heirs, are also considered. Conducted research came to conclusions aimed at improving the mechanism for protecting the rights of the testator by eliminating unworthy heirs from inheritance.